(By Delegates Skaff and Manchin)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]

A BILL
to amend and reenact §3-6-5 of the Code of West Virginia,
1931, as amended, relating write-in candidates when electronic
voting systems are used.Be it enacted by the Legislature of West Virginia:
That §3-6-5 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.
§3-6-5. Rules and procedures in election other than primaries. The provisions of article one of this chapter relating to
elections generally shall govern and control arrangements and
election officials for the conduct of elections under this article.
The following rules and procedures shall govern the voting for
candidates in general and special elections:
(a) If the voter desires to vote a straight ticket, or in other words, for each and every candidate for one party for
whatever office nominated, the voter shall either:
(1) Mark the position designated for a straight ticket in the
manner appropriate to the voting system; or
(2) Mark the voting position for each and every candidate of
the chosen party in the manner appropriate to the voting system.
(b) If the voter desires to vote a mixed ticket, or in other
words, for candidates of different parties, the voter shall either:
(1) Omit marking any straight ticket voting position and mark,
in the manner appropriate to the voting system, the name of each
candidate for whom he or she desires to vote on whatever ticket the
name may be; or
(2) Mark the position designated for a straight ticket for the
party for some of whose candidates he or she desires to vote and
then mark the name of any candidate of any other party for whom he
or she may desire to vote, in which case the cross mark in the
circular space above the name of the party straight ticket mark
will cast his or her vote for every candidate on the ticket of the
party except for offices for which candidates are marked on other
party tickets and the marks for the candidates will cast a vote for
them; or
(3) Write with ink or other means or affix a sticker or label
or place an ink-stamped impression of the name of an official
write-in candidate for an office for whom he or she desires to vote in the space designated for write-in votes for the particular
voting system or for paper ballot systems, write or place the name
and office designation in any position on the face of the ballot
which makes the intention of the voter clear as to both the office
and the candidate chosen. However, in the event an electronic
voting system authorized by article four-a of this chapter is used,
the voter shall indicate on the location designated for a write-in
vote to be cast.
(c) If in marking either a straight or mixed ticket as above
defined, a straight ticket voting position is marked, and also one
or more marks are made for candidates on the same ticket for
offices for which candidates on other party tickets are not
individually marked, the marks before the name of candidate on the
ticket so marked shall be treated as surplusage and ignored.
(d) When a voter casts a straight ticket vote and also writes
in any name for an office, the straight ticket vote for that office
shall be rejected, whether or not a vote can be counted for a
write-in candidate.
(e) The Secretary of State may proscribe devices for casting
write-in votes which would cause mechanical difficulty with voting
machines or electronic devices or which would obliterate or deface
a paper ballot or any portion thereof, but the Secretary of State
shall preserve the right to vote by a write-in vote for those
candidates who have filed and have been certified as official write-in candidates under the provisions of section four-a of this
article.
(f) If the voter marks more names than there are persons to be
elected to an office or if, for any reason, it is impossible to
determine the voter's choice for an office to be filled, the ballot
shall not be counted for the office. The intention of the voter
shall be deemed to be clear if the write-in vote cast for an office
contains both the first and last name of an official write-in
candidate for that office; and if no two official write-in
candidates for that office share a first or last name, either the
first name or last name alone shall be deemed to express the clear
intention of the voter.
(g) Except as otherwise specifically provided in this chapter,
no ballot shall be rejected for any technical error which does not
make it impossible to determine the voter's choice.

NOTE: The purpose of this bill is to require a voter when
casting a write-in vote on an electronic voting system to indicate
that vote on the location designated for a write-in candidate.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.